Madras High Court
M.Boobalan vs Inspector Of Police on 5 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.5785 of 2019
M.Boobalan .. Petitioner
Vs.
Inspector of Police,
Kalambur Police Station,
Polur Taluk,
Thiruvannamalai District. .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the respondent to give police protection and
permission to conduct Jallikattu event at Kalambur Village, Polur Taluk,
Thiruvannamalai District, scheduled to be held on 12.03.2019, from 9 a.m., to 5
p.m.
For Petitioner : Mr.B.S.Ramesh
For Respondent : Mr.C.Raghavan
Government Advocate (Crl.side)
ORDER
Seeking permission to conduct Jallikattu event at Kalambur Village, Polur Taluk, Thiruvannamalai District, scheduled to be held on 12.03.2019, from 9 a.m., to 5 p.m., the petitioner has made a representation dated 14.02.2019 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.
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2.The learned Government Advocate (Crl.side), on instructions, would submit that there is likelihood of arising law and order problem and would cause great hardship to the general public.
3.Heard Mr.B.S.Ramesh, the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent and perused the records.
4.This Court on an earlier occasion had elaborately discussed about the conduct of Jallikattu event in W.P.(MD).No.11768 of 2018 dated 01.06.2019, and had granted permission to conduct the event following the guidelines and condititons as stipulated in G.O.MS.No:7, Animal Husbandry Dairying and Fishery (AH3), department dated 21.01.2017 for conducting jallikattu.
5. For easy reference, this Court would like to extract the G.O.MS.No:7, Animal Husbandry Dairying and Fishery (AH3), department dated 21.01.2017 for conducting jallikattu.
“3. PROCEDURE FOR CONDUCT OF JALLIKATTU (1) Any individual, organization or group,herein called as organisers, intending to conduct Jallikattu in such places and on such days as may be notified by the Government under clause (dd) of section 2 of the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960), shall inform in writing to the Collector of the District.
(2) The organizers shall also obtain prior permission from http://www.judis.nic.in 3 the Collector for the persons as well as their bulls for participating in the Jallikattu event. The Collector shall ensure that the names and other particulars of the participants in the Jallikattu are registered.
(3) The Collector shall, on grant of permission for any Jallikattu, cause an inspection of the venue selected for the conduct of Jallikattu.
(4) The Collector shall form a Committee on Jallikattu? comprising of officials from Revenue, Animal Husbandry, Police and Health Departments to oversee and monitor the conduct of Jallikattu and ensure that the Jallikattu is conducted in conformity with these rules.
(5) The organizers shall ensure that the bulls are put to proper test by the authorities of the Animal Husbandry Department and that no performance enhancement drugs, irritants, etc. are administered to the bulls in any form.
(6) The Collector shall, with the assistance of experts of Animal Husbandry Department, ensure that the bulls are free from any diseases and not intoxicated or administered with any substance with the object of making them more aggressive or ferocious.
(7) The organizers shall conduct Jallikattu in a open ground with the following facilities. (a) The bulls shall be provided rest for a minimum of 20 minutes before they are brought into the arena. (b) In the holding area, each bull shall be provided adequate space to exhibit the normal behaviour. Each bull shall be provided a minimum space of 60 square feet. Adequate feed and water shall be provided to the bulls and they shall be allowed to perform their normal physiological functions. The owner of the bull shall always be by the side of the bull to assure the psychological safety and security of the bull. (c) The bulls shall be under the constant monitoring of Veterinarians of the Animal Husbandry Department and Police Personnel to ensure the safety, security and the well being of the bulls.
(d) The bulls shall be thoroughly observed for any physical injuries to the body parts like mutilated ears, fractured tail, etc. by Veterinarians of the Animal Husbandry Department. If any injury is found, they shall not be permitted to participate in the event and shall be sent back. (e) The bull holding area shall be provided with adequate roofing (shamiana/thatched roof) so as to protect the bulls from rain or sunlight. (f) The holding area shall be maintained neat, clean and hygienic. All wastes like http://www.judis.nic.in 4 dung and organic wastes shall be cleared then and there and disinfectants shall be used liberally to ensure complete hygiene.
(g) Closed circuit cameras shall be fixed at vantage points and all the activities shall be monitored and recorded.
4. EXAMINATION OF BULLS :-
(1) The bulls shall be compulsorily subjected to veterinary examination by the qualified veterinarians of Animal Husbandry Department.
(2) The participating bulls shall be examined for general health by clinical examination. Bulls showing symptoms of fatigue, dehydration, restlessness, etc. shall be identified and not permitted to participate further in the event. (3) The bulls shall also be specifically examined for possible alcohol abuse and any animal which is subjected to such abuse shall not be permitted to participate in the event. (4) The bulls shall be taken to the entry point from where their nose ropes shall be undone by the owners and the bull is let inside the arena.
(5) The bull examination area shall be provided with roofing (shamiana / thatched roof) so as to protect the bulls from rain or sunlight.
5. ARENA: (1) Arena shall be atleast a 50 square metre area. The bulls have to be embraced by the participants within this 50 square metre area. (2) The participants shall not be permitted to stand in front of the bulls as they enter the arena. They shall also not be permitted to block the exit way for the bulls. The participants shall be permitted only to embrace the bulls by their hump and run along with the bull for 15 metres or for 30 seconds or sustain three jumps of the bull. The participants shall not hold on to the tail, horns using their hands or restrict the movement of the bulls by holding on to the bulls? legs. The participants violating these guidelines shall be liable to be debarred from participating further in the event. The 15 metre area shall be liberally strewn with coir pith for cushioning effect to prevent any injuries to the bulls or participants.
6. BULL RUN AREA: (1) The area after the bull embrace area upto the Bull collection yard is the Bull Run area. A strong double barricade should separate the galleries from the arena. The spectator gallery shall be constructed from atleast 15 http://www.judis.nic.in 5 metres beyond the point where the bulls are released so as to minimise the noise from the spectators at the time of the bull release. (2) After the run of 15 metres, when the bulls enter the bull run area, the participants are not to be allowed to touch the bulls. The Bull Run area should cover a minimum of 100 metres length to facilitate the bulls to the exit without any anxiety into the collection yard. The entire activity starting from entry of the bulls into the arena upto the bull collection yard shall be completed in 60 to 120 seconds.
7. BULL COLLECTION YARD: (1) The bull collection yard shall be made out of bounds for others. Only the bull owners or their authorised personnel shall be allowed to enter the bull collection yard. A minimum of 60 square feet area shall be made available for each bull and at a time. The bulls after completing the run will enter the collection yard, which shall also be a double barricaded area. The owner or a person authorised by the owner who is familiar with the bull shall receive the bull at the collection yard and peg it. Water and feed shall be provided to the bull. After ensuring adequate rest for the bull (minimum of 20 minutes), the bulls shall be taken back home by the owners. (2) The bull collection yard shall be provided with roofing (shamiana / thatched roof) so as to protect the bulls from rain or sunlight. Closed circuit cameras shall be fixed at vantage points in the bull collection area and all the activities shall be recorded. A Veterinary team shall be posted in the collection yard so as to provide immediate attention to the bulls that have completed the event. A posse of police personnel shall also be present in the collection area.
8. SETTING UP OF GALLERY :- (1) The organizers shall fix up the gallery for the spectators to sit and watch the event and the gallery shall be made with strong structures duly certified by the Public Works Department officials. (2) The Collector shall ensure double barricading of the arena at the minimum of eight feet height so that bulls will not jump the double barricading and cause injuries to the spectators. (3) The Collector shall ensure that the number of spectators in the gallery shall not exceed the limit prescribed by the Public Works Department.
9. MISCELLANEOUS :-
1) The participants shall be put to thorough check up by a http://www.judis.nic.in 6 medical team constituted by the Collector just before they enter into the arena. The Collector shall ensure that every participant wears an exclusive dress for the purpose of identification with necessary identification card. The Collector shall ensure deployment of additional medical facilities like extra ambulance vehicle, serving doctors, veterinarians etc., for ensuring the safety of the participants as well as the bulls. The Collector shall strictly ensure that the bulls are not physically abused just before it is released into the arena. Further, the nose rope / face rope of the bull should be 7 snapped only by the owner or his representative in the presence of the authorised officials.
(2) All the structures in the arena including barricades, bull collection yard, etc., wherein the bulls might come in contact during the conduct of the event must not have sharp protruding ends that might cause injuries to the bulls.
(3) Emergency exits to facilitate swift removal of bulls must be provided. Provision for emergency transportation of participants as well as bulls in case of medical emergencies must be ensured at the venue.
(4) The Collector shall ensure to videograph the entire event and provide the same to the Government as and when required?
5. A perusal of Government Order would disclose that any individual, organization or group intending to conduct Jallikattu could seek permission from the District Collector and no where, in the said Government Order stipulate the condition that Patta land should not be used for conducting Jallikattu event and further there is no restriction in the Government Order that the site should not be located nearby road and residential area. But at the same time, this Court is conscious of the safety measures to be followed at the time of Jallikattu for bull tamers and visitors. In this regard the District Collector has power under above http://www.judis.nic.in 7 said Rule to impose conditions and the same should be scrupulously followed by the organizers and the Petitioner shall comply with all the conditions stipulated in the GO.MS.No:7, Animal Husbandry Dairying and Fishery (AH3), department dated 21.01.2017.
6. In the result, this Criminal Original Petition is allowed with the following directions:
(a) The Petitioner is directed to make all necessary arrangements and comply with the conditions stipulated in the G.O.MS.No: 7, Animal Husbandry Dairying and Fishery (AH3), department dated 21.01.2017 within three days and after making all the necessary arrangements and the same shall be informed to The District Collector, Thiruvannamalai, by way of writing, and
(b) On receipt of the same, the District Collector and the Respondent are directed to make spot inspection within a period of two days and accord permission provided all the conditions are complied with, as per G.O.MS.No:7,Animal Husbandry Dairying and Fishery (AH3), department dated 21.01.2017.
05.03.2019 Issue order copy today (07.03.2019) Internet:Yes Index:Yes/No Speaking/Non speaking order rm http://www.judis.nic.in 8 G.K.ILANTHIRAIYAN, J.
rm To To
1) The District Collector, Thiruvannamalai District.
2) The Inspector of Police, Kalambur Police Station, Polur Taluk, Thiruvannamalai District.
3) The Secretary, Animal Welfare Board, No.13/1, 3rd Sea Ward Road, Thiruvanmiyur, Chennai.
4) The Additional Public Prosecutor, High Court, Madras.
Crl.O.P.No.5785 of 201905.03.2019 http://www.judis.nic.in